Act to eliminate fees for the maintenance of small parcels of public land (P.L. No. 17-48)

COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Benigno R. Fitial Governor Honorable Paul A. Manglona Senate President, The Senate Seventeenth Northern Marianas Commonwealth Legislature Saipan. MP 96950 Honorable Eliceo D. Cabrera Speaker, House of Representatives Seventeenth Northern Marianas Commonwealth Legislature Saipan, MP 96950 Dear Mr. President and Mr. Speaker: Eloy S. Inos Lt Governor This is to infortn you that I have signed into law House Bill No. 17-61 entitled, "To eliminate fees for the maintenance of small parcels of public land," which was passed by the House of Representatives and the Senate of the Seventeenth Northern Marianas Commonwealth Legislature. This bill becomes Public Law No. 17-48. Copies bearing my signature are forwarded for your reference. Sincerely, � \ .• � .:?--\;� ELOYS.INOS Acting Governor cc: Governor; Attorney General; Press Secretary; Secretary, Department of Public Lands; Commonwealth's Law Revision Commission, Special Assistant for Administration; Special Assistant for Programs and Legislative Review Caller Box 10007 Saipan. MP 96950 Telephone: (670) 664-220012201 Facsimile: (670) 664-2211 PUBLIC LAW NO. 17-48 J{ouse Of �presentatives SEVENTEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE P.O. BOX 500586 July 7, 2011 The Honorable Benigno R. Fitial Governor Commonwealth of the Northern Mariana Islands Capitol Hill Saipan, MP 96950 Dear Governor Fitial: SAIPAN. MP 96950 I have the honor of transmitting herewith for your action H. B. 17-61, entitled: "To eliminate fees for the maintenance of small parcels of public land.", which was passed by the House of Representatives and the Senate of the Seventeenth Northern Marianas Commonwealth Legislature. Sincerely yours, Attachment Sewnteentn LegisfatUlf1 ojtJie PUBLIC LAW NO. 17-48 Commoft'Wfaftli oj'lie ;Nortliern 9dariaM Isfantfs IN THE HOUSE OF REPRESENTATIVES Second Regnlar Session April 27, 2010 Representative Teresita A. Santos, of Rota, Precinct 7 (for herseifj in an open and public meeting witb an opportunity for tbe public to comment, introduced tbe following Bill: B. B. 17 .. 61 AN ACT TO EUJlINATE FEES FOR mE JLUlft'I!NANCE OF SIIALL PUCI!I.S OF PUBUC UNIt. The Bill was referred to the House Committee on Natural Resources, which submitted Standing Committee Report 17-27, which was adopted on August 9, 2010. THE BILL WAS PASSED BY THE HOUSE OF REPRESENTATIVES ON FIRST AND FINAL READING, NOVEMBER 17,2010; without amendments and transmitted to the THE SENATE. The Bill was referred to the Senate Committee on Resources, Economic Development and Programs, which submitted Standing Committee Report 17-50, which was adopted on June 30, 201 1. THE BILL WAS PASSED BY THE SENATE ON FIRST AND FINAL READING, JUNE 30, 2011; without amendments. H. B. 17-61 WAS RETURNED TO THE HOUSE OF REPRESENTATIVES ON JULY 5, 2011. C=£/---=--c: Linda B. Mulla, Honse Clerk PUBLIC LAW NO. 17-48 Seventeentn £egisfature oftlie Commoo'UletlEtIi of tlie !Nortliern :Mariana Isfi:mtfs IN THE HOUSE OF REPRESENTATIVES 15TH DAY, SECOND REGULAR SESSION NOVEMBER 17,2010 ft .. B. 17 .. 4n AN ACT '1'0 I�UMINA'fI� 111�ES 110R 'I'HE MAINTI�NANCII 011 SMAU, PARCEl,S OF PUBUC lAND. Be it enacted by tbe Seventeentb Nortbern Marianas Commonwealth Legislature: 1 Section 1. Findings, The land of many residential owners is adjacent to 2 small parcels of public land which are not of sufficient size to be leased or used 3 for public development. The small parcels are not maintained by the government 4 and serve as a source of unwanted vegetation and places for rodents and other 5 pests to take residence. In order to protect their property and preserve the small 6 parcels of public land, the adjacent land owners have been cleaning and 7 maintaining the public property. The Department of Public Lands has an g inconsistent policy in charging some land owners for maintaining the publie land. 9 The land owners are preserving and protecting the public land for the benefit of 10 the public and should not be charged rent for maintaining the public land. PUBLIC LAW NO. 17-48 HOUSE BILL 17-61 I Section 2. Amendment. Title 2, Division 4, Chapter 1, Article I, Section 2 4116 is amended by adding a new subsection (b) as follows: 3 "(b) The Department of Public Lands shall not assess rental fees in 4 respect to small parcels of public land, not in excess of 300 square meters, 5 adjacent to land used for residential purposes where the residential land 6· owner maintains the public land by removing undesirable vegetation and 7 habitat for pests." 8 Section 3. Severability. If any provisions of this Act or the application 9 of any such provision to any person or circumstance should be held invalid by a 1 0 court of competent jurisdiction, the remainder of this Act o r the application of its 11 provisions to persons or circumstances other than those to which it is held invalid 12 shall not be affected thereby. 13 Section 4. Savings Clause. This Act and any repealcr contained herein 14 shall not be construed as affecting any existing right acquired under contract or 15 acquired under statutes repealed or under any rule, regulation or order adopted 16 under the statutes. Repealers contained in this Act shall not affcct any proceeding 17 instituted under or pursuant to prior law. The enactment of the Act shall not have 18 the effect of terminating, or in any way modifYing, any liability, civil or criminal, 19 which shall already be in existence on the date this Act becomes effective. 2 PUBLrC LAW NO. 17-48 HOUSE BILL 17-61 Section 5. Effective Date. This Act shall take effect upon its approval by 2 the Governor. or its becoming law without such approval. Attested to by: c:::::::�: �",:-",��c-�:--�=---c- Linda B. Muiia, House Clerk Certified by: House 17th Northern Marianas Commonwealth Legislature I\..� "'" -;,..-, '''f of ��\;r �-:-\; � � ELOY S. !NOS Acting Governor Commonwealth a/the Northern Mariana lslandv 3 ,20 1 1